Trio Enterprises Pty Limited v Wingecarribee Shire Council [2023] NSWLEC 1563

Land and Environment Court New South Wales

Medium Neutral Citation: Trio Enterprises Pty Limited v Wingecarribee Shire Council [2023] NSWLEC 1563 Hearing dates: Conciliation conference on 10 July 2023 Date of orders: 25 September 2023 Decision date: 25 September 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay those costs of the respondent that were thrown away as a result of amending the development application in the sum of $54,595.00 within 28 days. (2) The appeal is upheld. (3) Development consent is granted to Development Application number 23/0445 for a multi dwelling housing development consisting of 8 x two storey four-bedroom dwellings with attached double garages, along with driveway access, visitor parking and landscaping at 9a Henderson Avenue, Mittagong subject to conditions in accordance with Annexure A. Catchwords: APPEAL – development application – multi dwelling housing development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15(3) Environmental Planning and Assessment Regulation 2021, s 38; Sch 7 Land and Environment Court Act 1979, ss 34, 39(6) State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Water Catchments) 2022 Water Management Act 2000 Wingecarribee Local Environmental Plan 2010, cll 5.21, 7.3, 7.5 Category: Principal judgment Parties: Trio Enterprises Pty Limited (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: D Accoto (Solicitor) (Applicant) A Sinclair (Solicitor) (Respondent)